On May 6, 2014, U.S. Citizenship and Immigration Services (USCIS) released training materials related to the U.S. Supreme Court’s decision in United States v. Windsor to strike down section 3 of the Defense of Marriage Act. The American Immigration Lawyers Association (AILA), a national association of lawyers who practice and teach immigration law, obtained the release of these materials through a Freedom of Information Act request.
USCIS is the governmental agency that reviews and decides applications and petitions for immigration benefits, such as applications for a green card based on marriage and applications for citizenship, among many others. The released materials are intended for the training of USCIS officers who will be conducting interviews and deciding whether to approve or deny such applications and petitions. The materials reflect USCIS’s views on post-Windsor treatment of same-sex couples’ applications for immigration benefits and shed light on how USCIS will be handling the details of these cases.
Although the training materials covered a broader range than what is reviewed here, what follows are some notable highlights:
If you have questions about whether you qualify for immigration benefits based on your same-sex marriage, or how to proceed with your case, you may contact us at 312-427-6163 or via our website.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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